HF 4311

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to children and youth programs; child welfare; requiring certification of
summer camp programs; amending Minnesota Statutes 2022, sections 245C.03,
by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, by adding
a subdivision; 245C.10, by adding a subdivision; Minnesota Statutes 2023
Supplement, sections 245A.03, subdivision 2; 245C.08, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 245A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 2, is
amended to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;

(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;

(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;

(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children with
emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;

(21) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;

(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;

(23) settings registered under chapter 144D which provide home care services licensed
by the commissioner of health to fewer than seven adults;

(24) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;

(25) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:

(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;

(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:

(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or

(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.

A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;

(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:

(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;

(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and

(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is deleted text begin not licensed or deleted text end new text begin certified under section 245A.60 but is not otherwise new text end
supervised by the state of Minnesota and is not eligible to receive child care assistance
payments;

(28) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services;

(29) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support services; or

(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

new text begin [245A.60] SUMMER CAMP PROGRAM CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Certification required. new text end

new text begin Beginning January 1, 2025, a summer day camp
program and a summer residential camp program must be certified each calendar year under
this section to operate in the state.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Commissioner" means the commissioner of children, youth, and families.
new text end

new text begin (c) "Department" means the Department of Children, Youth, and Families.
new text end

new text begin (d) "Summer day camp program" means a program that:
new text end

new text begin (1) operates on a scheduled basis at any time between June 1 and September 15;
new text end

new text begin (2) provides indoor or outdoor organized group activities under general supervision to
nine or more children who are under 16 years of age for a period of at least three hours but
less than 24 hours on any day; and
new text end

new text begin (3) does not provide for overnight occupancy by the children.
new text end

new text begin A summer day camp program includes but is not limited to programs that operate at a youth
camp, as defined in section 144.71, subdivision 2, that otherwise meet the definition in this
paragraph.
new text end

new text begin (e) "Summer residential camp program" means a program that:
new text end

new text begin (1) operates on a scheduled basis at any time between June 1 and September 15;
new text end

new text begin (2) provides indoor or outdoor organized activities to nine or more children who are
under 18 years of age; and
new text end

new text begin (3) provides for overnight occupancy by the children.
new text end

new text begin A summer residential camp program includes but is not limited to programs that operate at
a youth camp, as defined in section 144.71, subdivision 2, that otherwise meet the definition
in this paragraph.
new text end

new text begin Subd. 3. new text end

new text begin Background studies. new text end

new text begin (a) An operator of a summer day or summer residential
camp program must conduct a background study under section 245C.03, subdivision 6b,
prior to hiring any individual for each applicant for paid or volunteer employment with the
program for a position with direct contact, as defined in section 245C.02, subdivision 11.
new text end

new text begin (b) For a summer day or summer residential camp program to be certified under this
section, each background study conducted by the program under paragraph (a) for an
individual hired by the program must result in a not disqualified determination under section
245C.14 or a disqualification that was set aside under section 245C.22.
new text end

new text begin Subd. 4. new text end

new text begin Certification procedures. new text end

new text begin (a) By February 1 of each year, the commissioner
must provide application instructions and information about obtaining and maintaining
certification under this section, including:
new text end

new text begin (1) the date by which a program's application for certification, including completed
background studies, must be submitted to the commissioner to determine initial certification;
and
new text end

new text begin (2) the process for maintaining initial certification while continuing to process applications
for paid or volunteer employment.
new text end

new text begin (b) If the commissioner receives an application for initial certification that is incomplete
because the applicant failed to submit the required background studies or because one or
more background studies does not meet the requirement in subdivision 2, paragraph (b),
the commissioner must provide the applicant written notice that the application is incomplete
or deficient. In the notice, the commissioner must identify documents that are missing or
deficient and give the applicant 30 days to resubmit a second application that is complete.
An applicant's failure to submit a complete application after receiving notice from the
commissioner may be the basis for certification denial.
new text end

new text begin (c) An applicant may request reconsideration of a certification denial by notifying the
commissioner by certified mail or by personal service. The request must be made in writing.
If sent by certified mail, the request must be postmarked and sent to the commissioner within
20 calendar days after the applicant received the order. If a request is made by personal
service, it must be received by the commissioner within 20 calendar days after the applicant
received the order. The applicant may submit with the request for reconsideration a written
argument or evidence in support of the request for reconsideration. The commissioner's
disposition of a request for reconsideration is final and not subject to appeal under chapter
14.
new text end

new text begin Subd. 5. new text end

new text begin Decertification. new text end

new text begin (a) The commissioner may decertify a program if the
certification holder:
new text end

new text begin (1) failed to comply with the requirements in this section; or
new text end

new text begin (2) knowingly withheld relevant information from or gave false or misleading information
to the commissioner in connection with an application for certification, in connection with
the background study status of an individual, during an investigation, or regarding compliance
with applicable laws or rules.
new text end

new text begin (b) A certification holder may request reconsideration of decertification by notifying
the commissioner by certified mail or by personal service. The request must be made in
writing. If sent by certified mail, the request must be postmarked and sent to the
commissioner within 20 calendar days after the certification holder received the order. If a
request is made by personal service, it must be received by the commissioner within 20
calendar days after the certification holder received the order. With the request for
reconsideration, the certification holder may submit a written argument or evidence in
support of the request for reconsideration. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
new text end

new text begin Subd. 6. new text end

new text begin Exclusion from certification. new text end

new text begin This section does not apply to:
new text end

new text begin (1) programs licensed as family child care providers under chapter 245A;
new text end

new text begin (2) programs licensed as child care centers under chapter 245A; or
new text end

new text begin (3) programs certified as license-exempt child care centers under chapter 245H.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245C.03, is amended by adding a subdivision to
read:

new text begin Subd. 6b. new text end

new text begin Summer day camp and summer residential camp programs. new text end

new text begin The
commissioner shall conduct all background studies initiated by an operator of a summer
day camp program or a summer residential camp program under section 245A.60.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2022, section 245C.04, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Summer day camp and summer residential camp programs. new text end

new text begin An operator
of a summer day camp program or a summer residential camp program that initiates a
background study under section 245A.60 of an applicant for paid or volunteer employment
with the program for a position with direct contact must submit completed background
study forms to the commissioner according to a schedule determined by the commissioner
of children, youth, and families.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 5.

Minnesota Statutes 2022, section 245C.05, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Background study requirements for employees and volunteers of summer
camp programs. new text end

new text begin (a) A background study subject who is required to be studied under section
245C.03, subdivision 6b, shall submit to the commissioner only the information under
subdivision 1, paragraph (a).
new text end

new text begin (b) For a background study subject who is required to be studied under section 245C.03,
subdivision 6b, the commissioner shall review information obtained using
non-fingerprint-based data, including but not limited to information under subdivision 1,
paragraph (a).
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 245C.08, subdivision 1, is amended
to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in deleted text begin clause deleted text end new text begin clauses new text end (6) new text begin and (9) new text end , information received as a result of
submission of fingerprints for a national criminal history record check, as defined in section
245C.02, subdivision 13c, when the commissioner has reasonable cause for a national
criminal history record check as defined under section 245C.02, subdivision 15a, or as
required under section 144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry;

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website; deleted text begin and
deleted text end

(8) for a background study required for treatment programs for sexual psychopathic
personalities or sexually dangerous persons, the background study shall only include a
review of the information required under paragraph (a), clauses (1) to (4) deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) for a background study required for a subject under section 245C.03, subdivision
6b, the background study shall only include a review of information obtained using
non-fingerprint-based data based on information provided under section 245C.05, subdivision
1, paragraph (a).
new text end

(b) Except as otherwise provided in this paragraph, notwithstanding expungement by a
court, the commissioner may consider information obtained under paragraph (a), clauses
(3) and (4), unless:

(1) the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner; or

(2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissioner.

The commissioner may not consider information obtained under paragraph (a), clauses (3)
and (4), or from any other source that identifies a violation of chapter 152 without
determining if the offense involved the possession of marijuana or tetrahydrocannabinol
and, if so, whether the person received a grant of expungement or order of expungement,
or the person was resentenced to a lesser offense. If the person received a grant of
expungement or order of expungement, the commissioner may not consider information
related to that violation but may consider any other relevant information arising out of the
same incident.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 245C.10, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Summer day camp and summer residential camp programs. new text end

new text begin The
commissioner shall recover the cost of the background studies initiated under section 245A.60
by an operator of a summer day camp program or summer residential camp program through
a fee of no more than $44 per study charged to the operator of the summer day camp program
or summer residential camp program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end